Decee Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13305 of 2021 Arising Out of PS. Case No.-225 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== Decee Yadav S/O Late Mohan Yadav R/O Village Mahugain, P.S-Govindpur, District-Nawada.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Govindpur P.S. Case No. 225 of 2019, registered for the offence punishable under Sections 307, 120B of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have assaulted his father, as a result of which he died. It is submitted on behalf of the petitioner that informant is own brother of petitioner and the deceased is father of petitioner. From bare perusal of FIR it is apparent that there was no intention to kill rather on the spur of the moment the petitioner became furious and the incident took place. Petitioner is in custody since 28.02.2020.

Learned APP however, vehemently opposed the

Patna High Court CR. MISC. No.13305 of 2021(5) dt.01-12-2021 2/2 prayer for bail and submitted that petitioner is the sole assailant of deceased and he is none else than own son of the deceased. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. However, as the petitioner is in custody since 28.02.2020, trial court is directed to conclude the trial preferably within a period of nine months.

(Prabhat Kumar Singh, J) vinita/- U T